[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR389.35]



[Page 307]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 389_RULEMAKING PROCEDURES_FEDERAL MOTOR CARRIER SAFETY REGULATIONS

--Table of Contents

 

               Subpart B_Procedures for Adoption of Rules

 

Sec. 389.35  Petitions for reconsideration.



    (a) Any interested person may petition the Administrator for 

reconsideration of any rule issued under this part. The petition must be 

in English and submitted in five (5) legible copies to the 

Administrator, Federal Motor Carrier Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590, and received not later than thirty 

(30) days after publication of the rule in the Federal Register. 

Petitions filed after that time will be considered as petitions filed 

under Sec. 389.31. The petition must contain a brief statement of the 

complaint and an explanation as to why compliance with the rule is not 

practicable, is unreasonable, or is not in the public interest.

    (b) If the petitioner requests the consideration of additional 

facts, he/she must state the reason they were not presented to the 

Administrator within the prescribed time.

    (c) The Administrator does not consider repetitious petitions.

    (d) Unless the Administrator otherwise provides, the filing of a 

petition under this section does not stay the effectiveness of the rule.



[35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988]